Chapter 4-03. Supplementary District Regulations

CHAPTER 4-03
SUPPLEMENTARY DISTRICT REGULATIONS. SECTIONS:
4-0301. General Fencing and Screening Requirements.
4-0302. Accessory Building and Use Provisions.
4-0303. Exceptions.
4-0304. Erection of More Than One Principal Structure on a Lot.
4-0305. Structures to Have Access.
4-0306. Currently Licensed Motorized Vehicle and Equipment Parking in Residential District.
4-0307. Parking and/or Storage of Certain Vehicles and Materials.
4-0308. Provisions of Home Occupations.
4-0309. Wireless Telecommunications.
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SECTION 4-0301. GENERAL FENCING AND SCREENING REQUIREMENTS.

(1) DEFINITION OF FENCE. An artificially constructed structure of any material or combination of material erected to enclose or screen areas of land.

(2) GENERAL FENCING AND SCREENING REQUIREMENTS FOR RESIDENTIAL AREAS. All fences under this section requires a permit from the City prior to installatioin. In any residential district, fences, hedges, and plantings may be permitted in the buildable area and in any required yard, or along the edge of any yard, provided that no fence or hedge along the sides or front edge of any required front yard shall be over two and one-half (2½) feet in height, except on through lots or double frontage lots where one of the front yards is intended to serve as the rear yard and is consistent with the other lots on the block a fence or hedge may be up to six (6) feet in height. All fencing and screening shall meet visibility requirements for intersections by not impeding vision between a height of two and one-half (2½) feet and ten (10) feet within thirty (30) feet from the intersecting curb lines, or within twenty (20) feet from the intersecting property lines if there is no curb. Coordinated fencing schemes for the block are strongly encouraged, and if possible developed during the subdivision process. No fence or hedge within any buildable area or along any side or rear lot line shall be over six (6) feet in height.

Open fences, such as split rail or chain link without slats, which permit direct vision through at least 75% of the fence surface area shall be allowed a height of four (4) feet along the sides or front edge of any front yard.

(3) REQUIRED FENCING AND SCREENING. Where any business, industrial users, or multiple-family buildings of four (4) or more units (i.e., structure, parking or storage) abuts property zoned for residential use, that business, industry, or multiple-family building shall provide screening along the boundary of the residential property. Screening shall also be provided where a business, industry, or multiple-family building of four (4) or more units is across the street from a residential zone, but not on that side of a business, industry, or multiple-family building considered to be the front yard. Provided, however, that the provisions of this section will not apply where a multiple-family building abuts a property also zoned for multiple-family use. All fencing and screening specifically required by this section shall meet visibility requirements for intersections and other requirements as stated herein, and shall consist of either a fence or green belt planting strip. A required screening fence shall be constructed of masonry, brick, wood or metal. Such fence shall provide a solid screening effect six (6) feet in height for multiplefamily uses and at least six (6) feet in height for business and industrial uses. A green belt planting strip shall consist of evergreen trees and/or deciduous trees and plants and shall be of sufficient width and density to provide an effective visual screen. This planting strip shall be designed to provide substantial visual screening to a minimum height of six (6) feet. Earth mounding and berms may be used but shall not be used to achieve more than three (3) feet of the required screen, unless otherwise provided for by the City (i.e., PUD requirements).

(4) CONSTRUCTION STANDARDS. No fence, hedge, or plantings shall be constructed or maintained with electrified barbed wire, or other spiked materials which may pose injurious to public health and safety. Posts and other supporting structures used in the construction of fences shall be faced inward toward the property being fenced.

(5) PRIVATE RECREATIONAL FENCES. Private recreational fences shall conform to the provisions attached to residential fences. Swimming pool fences shall be six (6) feet in height.

(6) PUBLIC FENCES. Fences used in connection with public facilities and public recreational uses shall have a maximum height of ten (10) feet in any yard and be of the open fence variety. Residential construction standards shall apply to all public fences.

(7) NON-RESIDENTIAL FENCES. Fences in light commercial areas shall conform to the provisions of residential fences. Fences in industrial or agricultural districts shall conform to the provisions attached to residential fences except where the Building Administrator determines it would be in the public welfare to add to fence height or to add security materials onto the fence. In such cases, fences shall not exceed ten (10) feet in height.

(8) TEMPORARY FENCES. Temporary fences needed to enclose sites, such as construction sites, do not require fencing permits.

SECTION 4-0302. ACCESSORY BUILDING AND USE PROVISIONS: ON-SITE STORAGE CONTAINERS. Accessory buildings and uses, except as otherwise permitted in this Ordinance, shall be subject to the following regulations:

(1) An accessory building or use which is structurally attached to a main building, shall be subject to, and must conform to, all regulations of this Ordinance applicable to the main building.

(2) No detached accessory building or use in any residential district shall exceed a ten (10) foot high sidewall. The pitch on said accessory building must have the same pitch as the roof on the main structure. The height of the accessory building must not exceed the height of the main structure. The height on any garage door of any accessory structure must not exceed ten (10) feet.

Souce: Ord. 2021-31, Sec. 1

(3) No detached accessory building or use shall be erected in any required yard, except a rear yard, nor shall it be located closer than five (5) feet to any side or rear lot line, subject to the following exceptions:

(a) Where the rear lot line is coterminous with any alley right-of-way, the accessory building or use shall not be closer than one (1) foot to such a rear lot line except when a garage is entered from an alley at right angles, it shall not be nearer than ten (10) feet to the rear lot line.

(b) On corner lots, an accessory building or use, including driveways on the street side, shall maintain the same side yard setback required for the main building, except for garages accessing a public street, which shall maintain a setback of 18 feet for lots of 50 feet or less and 20 feet for lots greater in width than 50 feet.

(d) On through lots or double frontage lots where one of the front yards is intended to serve as the rear yard and is consistent with the other lots on the block, detached accessory buildings may be erected within twelve (12) feet of the intended real lot line and five (5)feet of the side lot line.

(e) Accessory buildings for townhouses may be constructed up to the interior lot line following the principal building scheme..

Source: Ord. 2019-29, Sec. 1

(4) No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced.

(5) No accessory building in a residential district in the city limits shall exceed a maximum of 1,500 square feet, except accessory buildings greater than 1,500 square feet are a conditional use in the Rural Estate District. Source: Ord. 2011-13, Sec. 1 (2012)

(6) All swimming pools as defined by this ordinance shall be regulated as follows:

(a) A permit shall be required for all swimming pools with a capacity of five thousand (5,000) gallons and/or two feet (2') or more of depth. Each application for a permit to construct or erect a swimming pool shall be accompanied by plans of sufficient detail to show:

1. The proposed location and its relationship to the other principal buildings on the lot.

2. The size of the pool.

3. Fencing and other fixtures existing on the lot, including utility location and trees.

4. The location, size and types of equipment to be used in connection with the pool, including but not limited to filter unit, pump, fencing and the pool itself.

5. That the requirements contained in subsection b below will be satisfied.

(b) All below ground pools for which a permit is required and granted shall be provided with safeguards to prevent children from gaining uncontrolled access. This can be accomplished with fencing, screening or other enclosure, or any combination thereof of sufficient density as to curtail access. If fences are employed, they shall be at least six feet (6') in height. Fences shall be of a noncorrosive material and shall be constructed so as to be not easily climbable. All fencing openings or points of entry into the pool enclosure shall be equipped with gates or doors. All gates or doors to swimming pools shall be equipped with self-closing and self-latching devices placed at a sufficient height so as to be inaccessible to all small children. All fence posts shall be decay or corrosion resistant and shall be set in concrete bases or other suitable protection. The opening between the bottom of the fence and the ground or other surfaces shall not be more than four inches (4").

SECTION 4-0303. EXCEPTIONS.

(1) Exceptions to Yard and Height Requirements.

Yard Encroachments: Every part of a yard or court shall be open and unobstructed by any building or structure, from its lowest point upward, except as follows:

(a) Accessory structures, as governed by Section 2 of Chapter 4-03, are permitted in rear yards.

(b) Awnings, balconies, sills, cornices, buttresses, and eaves may project not more than five (5) feet over or half the distance of the required side yard, whichever is less.

(c) Walks, steps for negotiating ground slopes, retaining walls, hedges and natural growth, fences, paved terraces and paved areas.

(d) Structures used ornamentally or for gardening or for private recreation purposes, and structures for essential services, all accessory to and customarily incidental to the principal use, are permitted in yards and courts, provided that a side yard strip three (3) feet in width adjoining the side line of the lot shall be unobstructed by any structure or feature, except a fence or retaining wall.

(e) Uncovered porches, and steps to building entrances may not extend more than five (5) feet into any required front yard or required rear yard and not more than three (3) feet into any required side yard or court.

(f) Open work fire balconies and fire escapes may extend not more than three (3) feet into a required yard or court.

(g) Chimneys and flues may extend not more than two (2) feet into a required yard or court.

(2) Exceptions to Height Regulations: The height limitations contained in the district regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, solar energy collectors and equipment used for the mounting or operation of such collectors, or other appurtenances usually required to be placed above roof level and not intended for human occupancy. Although exempted from structural height limitations, these structures should not significantly impair solar access of buildings or solar collector locations.

SECTION 4-0304. ERECTION OF MORE THAN ONE PRINCIPAL STRUCTURE ON A LOT. In any district, more than one structure housing a permitted or permissible principal use may be erected on a single lot, provided that yard and other requirements of this Ordinance shall be met for each structure as though it were on an individual lot.

SECTION 4-0305. STRUCTURES TO HAVE ACCESS. Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required offstreet parking.

SECTION 4-0306. CURRENTLY LICENSED MOTORIZED VEHICLE AND EQUIPMENT PARKING IN RESIDENTIAL DISTRICTS.

(1) Purpose: To prevent the extended storage of those vehicles and equipment which (due to general factors of nuisance) affects the well functioning and character of a residential neighborhood and the community.

(2) For the purposes of this ordinance, the following definitions apply:

(a) Currently Licensed Motorized Vehicle or Equipment. Any motorized vehicle or equipment which is licensed and operable for the current year in which it is inspected by the City. This includes passenger vehicles and recreational equipment.

(b) Improved Parking Surface. Shall consist of a durable surface to include concrete, asphalt or gravel. Grass or dirt shall not constitute a durable surface.

(d) Summer Parking/Storage. Shall include the period between April 15th to October 15th.

(e) Winter Parking/Storage - Shall include the period between October 15th to April 15th.

(3) Currently licensed vehicle or equipment parking on residential lots may be parked in the following-described areas:

(a) Garage/Carport. Parking or storage may occur entirely within a garage or carport.

(b) Required Rear Yard. Parking or storage may occur within the required rear yard provided that a 3' setback be maintained for rear or side lot lines. This requirement may be waived where written agreement authorizing this waiver is made between the subject property and those neighbors whose property physically touch the subject property. This agreement shall thereupon be presented to the City Planner for recording. The 3' setback requirement may also be waived should a 6' privacy fence or equivalent landscaped screened area exist between vehicle/equipment parking and the lot line.

(c) Required Side Yard. Parking or storage may occur within the required side yard provided that a 3' setback be maintained from the side lot line. This requirement may be waived where written agreement authorizing this waiver is made between abutting neighbors to either side of the subject property and thereupon presented to the City Planner for recording. This requirement may also be waived should a 6' privacy fence or equivalent landscaped screened area exist between vehicle/equipment parking and the required side yard lot line.

Vehicles or equipment shall be parked behind the nearest portion of a building to the street unless written authorization is given by the neighbors in accordance with the process as described above. However, under no circumstance shall vehicle or equipment parking occur within 8' of the sidewalk or, where no sidewalk exists, 8' from the front lot line.

(d) Required Front Yard. Currently licensed vehicles and equipment may be parked during any period on an improved parking surface. Summer parking/storage shall occur on an improved parking surface for a time not to exceed a total of 11 days in any fourteen (14) day period. Winter parking/storage shall occur on an improved parking surface and for a time not to exceed 72 hours in any seven (7) day period. All vehicles and equipment shall maintain an 8' setback from the sidewalk or, where no sidewalk exists, an 8' setback from the front property line. Under no circumstances shall vehicle or equipment parking block the public right-of-way.

(e) No such vehicle or equipment shall be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot, or in any location not approved for such use.

Source: Ord. 2020-30, Sec 1 (2021)

SECTION 4-0307. PARKING AND/OR STORAGE OF CERTAIN VEHICLES AND MATERIALS. Automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any residentially zoned property other than in completely enclosed buildings. No lot in any residential district shall be used for the outdoor storage, keeping, or abandonment of junk, including scrap metals, or other scrap materials or goods, or used for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof.

SECTION 4-0308. PROVISIONS OF HOME OCCUPATIONS. Home occupations, as defined by this Ordinance, shall be subject to the following standards:

(1) No person other than members of the family residing on the premises shall be engaged in such occupations.

(2) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty-five (25) precent of the main floor area of the dwelling unit shall be premanently set aside to be used in the conduct of the home occupation.

(3) There shall be no change to the outside apperance of the premises that would reflect the presence of a home occupation other than one sign, not to exceed one square foot, non-illuminated, and mounted flat against the wall of the principal building,

(4) No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance detectable to the normal senses off the lot or in a neighboring dwelling unit. In the case of electrical interference, no equipment shall be used which crears visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

(5) For uses within the dwelling unit,, the entrance to the space devoted to such occupation shall be within te dwelling unit.

(6) No home occupation shall be permitted that creates the need for parkimg which frequently infringes upon the on-street parking in the neighborhood.

(7) The home occupation must be conducted entirely within a building.

(8) There shall be no exterior storage of equipment or materials used in the occupation.

SECTION 4-0309. WIRELESS TELECOMMUNICATIONS.

(1) Purpose. In order to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community, these regulations are necessary to facilitate provision of wireless telecommunications services to the residents and businesses of the City, minimize adverse visual effects of towers through careful design and siting standards, avoid potential damage to adjacent properties from structural failure through structural standards and setback requirements, and maximize the use of existing and approved structures and buildings to accommodate new wireless telecommunication antennas in order to reduce the number of towers needed to serve the community.

(2) Definition.

(a) ANTENNA. Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes, and satellite dishes, and omni-directional antennas, such as whip antennas.

(b) COMMERCIAL WIRELESS TELECOMMUNICATION SERVICES. Licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general public.

(c) TOWER. Any ground or roof-mounted pole, spire, structure, or combination therof taller than 15 feet, including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade.

(3) Towers in Residential and Other Zoning Districts.

(a) Towers supporting amateur radio antennas and conforming to all applicable provisions of this ordinance are allowed only in the rear yard of residentially zoned property.

(b) Towes supporting commerical antennas and conforming to all applicable provisions of this ordinance are allowed only upon the following residential zoned property:

1. Tower sites, subject to review and approval by the City Commission.

2. Church sites, when camouflaged as steeples, bell towers, or other architecturally compatible structures; subject to review and approval as conditional uses.

3. Park sites, when compatible with the nature or the park and subject to review and approval as conditional uses.

4. Government, school, and ulitity sites, subject to review and approval as conditional uses.

5. Towers supporting commercial antennas and conforming to all applicable provisions of this ordinance are allowed within the Agricultural, Light Commercial, General Commercial and Light Industrial Districts, subject to review and approval as conditional uses.

6. Towers supporting commercial antennas and conforming to all applicable provisions of this ordinance are allowed within the Industrial District as a permitted use, provided the property does not abut an Agricultural, Light Commercial, or any Residential District. Otherwise, these towers would be considered conditional uses.

(4) Co-Location Requirement. All commercial wireless telecommunication towers erected, constructed, or located within the City must comply with the following requirements:

(a) A proposal for a new commerical wireless telecommunications tower must not be approved unless the applicant proves that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a reasonable search radius of the proposed tower due to one or more of the following reasons:

1. The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified professional engineer, and the existing or approved tower cannot be reinforced or modified to accommodate planned or equivalent equipment at a reasonable cost.

2. The planned eqipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified professional engineer and the interference cannot be prevented as a reasonable cost.

3. Existing or approved towers and building within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified professional engineer.

4. Other unforseen reasons that make it infeasible to locate the planned telecommunications equipment upon an existing or approved tower or building.

(b) Any proposed commercial telecommunications tower must be designed, structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least one additional user.

(5) Tower Construction Requirements. All towers erected or constructed must be designed by a registered engineer.

(6) Tower and Antenna Design Requirements. Proposed or modified towers and antennas must meet the following design requirements:

(a) Towers and antennas must be designed to blend into the surrounding environment through the use of color, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration.

(b) Commerical wireless telecommunication towers must be a monopole design unless the City Commission determines that an alternative design would better blend into the surrounding environment or the applicant provides evidence to the City that an alternative design is necessary to successfully engage in commerical telecommunication services.

(7) Tower Setbacks. Towers must conform with each of the following minimum setback requirements:

(a) Towers must meet the setbacks of the underlying zoning district and may not encroach upon any easement.

(b) Towers must be set back from the public right-of-way a minimum distance equal to one half of the height of the tower including all antennas and attachments.

(c) Towers may not be located between a principal structure and a public street within a front or side yard, with the following exceptions:

1. In Industrial Zoning Districts, towers may be placed within a side yard abutting a public street, provided that the street is not along the perimeter or the district.

2. On sites adjacent to public streets on all sides, towers may be placed within a side yard abutting a local street.

(d) A tower's setback may be reduced or its location in relation to a public street adjusted, at the sole discreation of the City Council to allow the integration of a tower into an existing or proposed structure such as a church steeple, light standard, power line support device, or similar structure or if the applicant provides evidence that a setback reduction is necessary to successfully engage in commerical telecommunication services.

(8) Tower Height. All proposed towers must meet the following height limitations:

(a) The height fo towers will be determined by measuring the vertical distance from the tower's center point of contact with the ground or rooftop to the highest point of the tower, including all antennas or other attachments. When towers are mounted upon other structures, the combined height of the structure and the tower must meey the height restrictions.

(b) Towers must conform to the following height restrictions:

1. In all residential zoning districts, the maximum height of any tower, including antennas and other attachments, will be the maximum height restriction for primary structures within that zoning district, unless otherwise provided for in Chapter 4-03, Section 9(3).

2. In all non-residential zoning districts, the maximum height of any tower, including all antennas and other attachments, must not exceed one foot for each two feet the tower is set back from a residential zoning district or a maximum height of 150 feet, whichever is less, unless the applicant provides evidence to the City that the proposed tower height is technically necessary to successfully engage in commercial telecommunication services.

3. All towers must meet these maximum height restrictions of this section, unless located upon public buildings and utility structres, church sancturies, steeples and bell towers.

(9) Tower Lighting. Towers must not be illuminated by artifical means and not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particulat tower. When incorportated into the approved design of the tower, light fixtures ysed to illuminate ball fields, parking lots, or similar areas may be attached to the tower.

(10) Signs and Advertising. The use of any portion of a tower for signs other than warning or equipment information signs is prohibited.

(11) Screening. All towers and structures accessory to the tower must be screened in accordance with Chapter 4-03, Section 1(3) of this ordinance.

(12) Abandoned or Unused Towers or Portions of Towers. All abandoned or unused towers and associated facilities must be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the City Council in the event that a tower is not removed within 12 months of the cessation of operations at a site, the tower and associated facilies may be removed by the City and the costs of removal assessed against the property.

(13) Antennas Mounted on Roofs, Walls, and Existing Towers. The placement of commercial wireless telecommunication antennas on roofs, walls, and existing towers may be approved by resolution of the City Commission, provided the antennas meet the requirements of this ordinance. Requests under this section must be accompanied by a final site plan and building plan and a report prepared by a qualified professional engineer indicating the existing structure or tower's suitability to accept the antenna, and the proposed method for affixing the antenna to the structure. Complete details of all fixtures and couplings, and the precise point of attachment must be indicated.

Private wireless telecommunications antennas, such as satellite dishes and other similar antennas, are premitted accessory uses in all residential districts to a maximum height of 15 feet and may not be located in a required front or side yard setback; except for private wireless telecommunications antennas less than 30 inches in diameter which may be located within a required front or side yard setback if mounted upon a residential structure.

(14) Interference with Public Safety Telecommunications. No new or existing telecommunications service may interfere with public safety telecommunications. Before the introduction of new service or charges in frequencies or maximum signal output, telecommunication providers must notify the City at least ten (10) calendar days in advance of such changes and allow the City to monitor interference levels during the testing process.

(15) Towers and Antennas Upon Public RIght-of-Way and Public Property. With the exception of the necessary electric and telephone service and connection lines approved by the City, no part of any antenna or tower nor any lines, cable, equipment, or wires or braces in connection with either may at any time extend across or over any part of the public right-of-way, public street, highway, sidewalk, or property line without a lease approved by the City of Harwood.

(16) Additional Submittal Requirements.

(a) In addition to the information required elsewhere in this ordinance, development applications for towers must include the following supplement information:

1. Descriptions of the tower height and design, including a cross-section and elevation.

2. Documentation of the height above grade for all potential mounting positions for co-located antennas and the minimum separation distances between antennas.

3. Descriptions of the tower's capacity, including the number and type of antennas that can be accommodated.

4. Documentation regarding what steps the applicant will take to avoid interference with established public safety telecommunications.

5. Other information necessary to evaluate the request.

(b) For all commercial wireless telecommunication service towers, a letter of intent committing the tower owner and his or her successor to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use.

1. Proof that the proposed tower complies with regulations administered by Federal Aviation Administration; and

2. A report from a qualified professional engineer with demonstrates the tower's compliance with the aforementioned structural and electrical standards.